PART 1: GENERAL ASSEMBLYSection 5

Charter and Legal Implications

Overview

The current GA model requires no charter changes to continue operating. This section records the charter's existing structure for reference and identifies legal questions the committee raised but did not resolve. Charter housekeeping updates the committee identified as warranted regardless of which governance model is chosen are consolidated in the shared section at the end of this document: Charter Updates Applicable Regardless of Governance Option.

The charter was originally adopted in 1979 and amended in 2000 and 2015. The prefatory synopsis notes that the charter is designed to be as simple and brief as possible. At 15 pages, it is a spare document that leaves significant operational detail to ordinance and practice rather than charter text.

Key Charter Provisions Relevant to Current GA Operations

The following charter provisions are most directly relevant to how the GA functions as a governing body:

  • Article II, Section 2: GA membership qualifications (18 years old, 22-day residency, Clerk registration)
  • Article II, Section 8: Annual officer elections (Mayor, Mayor Pro Tem, Clerk, Treasurer); one-year terms; Mayor's agenda authority and execution authority
  • Article III, Section 4: Quorum of 7 members
  • Article III, Section 6: Majority vote of members present; conflict of interest prohibition; paper ballot authority
  • Article III, Section 7: Majority-plus-one required for debt and borrowing
  • Article III, Section 9: Ordinance required for contracts over $5,000 and other specified actions
  • Article III, Section 10: Three methods for placing items on the agenda
  • Article III, Section 11: Two-reading ordinance procedure
  • Article VI, Section 2: Treasurer prepares and submits budget by August 1
  • Article VI, Section 8: GA adopts budget by resolution before mill levy deadline

December meeting timing and mill levy certification compliance. The committee raised but did not resolve whether the current practice of holding the December GA meeting after December 15 complies with the Colorado mill levy certification deadline. Whether an exception or alternative mechanism applies has not been confirmed. (C.R.S. Section 39-5-128(1))

Remote participation and Zoom attendance. The current charter predates remote meeting technology and contains no provision addressing remote attendance or voting. The legal status of Zoom participation under the existing charter has not been formally determined.

Executive session authority. The charter contains no executive session provision. The committee identified but did not resolve what executive session rights and obligations the GA holds under Colorado Open Meetings Law given that silence.